TRAVELERS v. NORY CONSTR. CO.


184 Misc.2d 366 (2000)

708 N.Y.S.2d 252

TRAVELERS INSURANCE COMPANY, Plaintiff, v. NORY CONSTRUCTION CO., INC., Defendant.

Supreme Court, Monroe County.

April 18, 2000.


Attorney(s) appearing for the Case

Michael W. Malarney for plaintiff.

Osborn, Reed & Burke, L. L. P. (Jeffrey M. Wilkens of counsel), for defendant.


OPINION OF THE COURT

FRANCIS A. AFFRONTI, J.

Plaintiff, Travelers Insurance Company (Travelers), commenced this subrogation action to recoup from defendant, Nory Construction Co., Inc. (Nory), all but $1,000,000 of $3,583,037.37 it paid to satisfy a judgment obtained against its insured, the State of New York, in an action resulting from a construction accident. Travelers maintains that it is entitled to common-law indemnification from Nory, who was allegedly...

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